EPA-530-Z-98-006
          Wednesday
          August 26, 1998
L  II  1
          Part III

          Environmental
          Protection Agency
          Recovered Materials Advisory Notice III;
          Notice
                                   45579

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45580
Federal Register/Vol. 63, No.  165/Wednesday, August 26. 1998/Notices
ENVIRONMENTAL PROTECTION
AGENCY
[SWH-FRL-6151-9]

Recovered Materials Advisory Notice
III
AGENCY: Environmental Protection
Agency,
ACTION: Notice of draft document for
review.

SUMMARY: The Environmental Protection
Agency (EPA or the Agency) today is
providing notice of the issuance  of a
draft Recovered Materials Advisory
Notice (RMAN III) that provides
guidance to procuring agencies for
purchasing certain items containing
recovered materials. Under section 6002
of the Resource Conservation and
Recovery Act of 1976.  EPA designates
items that are or can be made with
recovered materials and provides
recommendations for the procurement
of these items. Elsewhere in today's
Federal Register. EPA is proposing to
designate the following 19 additional
items: nylon carpet with recycled
content backing, carpet cushion,
flowable fill, railroad grade crossing
surfaces,  park and recreational
furniture, playground equipment, food
waste compost, plastic lumber
landscaping timbers and posts, solid
plastic binders, plastic clipboards,
plastic file folders, plastic clip
portfolios, plastic presentation folders,
absorbents and adsorbents, industrial
drums, awards and plaques, mats,
signage, and manual-grade strapping.
Today's draft RMAN III contains
recommended recovered materials
content levels for these items.
DATES: EPA will accept public
comments on the recommendations
contained in the draft RMAN III until
October 26, 1998.
ADDRESSES: To comment on this notice,
please send an original and two copies
of comments to: RCRA Information
Center (5305W), U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460. Please place the
docket number F-98-CP3P-FFFFF on
your comments.
  If any information is confidential, it
should be identified as such.  An
original and two copies of Confidential
Business Information (CBI) must be
submitted under separate cover to:
Document Control Officer (5305), Office
of Solid Waste, U.S.  Environmental
Protection Agency, 401 M Street, SW.,
Washington. DC 20460.
  Documents related to today's notice
are available for viewing at the RCRA
Information Center (RIC), located at:
                   U.S. Environmental Protection Agency,
                   1235 Jefferson Davis Highway, Ground
                   Floor, Crystal Gateway One, Arlington,
                   VA 22202. The RIC is open from 9 a.m.
                   to 4 p.m. Monday through Friday,
                   except for Federal holidays. The public
                   must make an appointment to review
                   docket materials. Call  (703) 603-9230
                   for appointments. Copies cost $.15 per
                   page.
                   FOR FURTHER INFORMATION CONTACT: For
                   general information contact the RCRA
                   Hotline at (800) 424-9346 or TDD (800)
                   553-7672 (hearing impaired).  In the
                   'Washington, DC metropolitan area, call
                   (703) 412-9810 or TDD (703) 412-3323.
                   For technical information on individual
                   item recommendations, contact Terry
                   Grist at (703) 308-7257.
                   SUPPLEMENTARY INFORMATION :

                   I. Authority
                     The draft Recovered Materials
                   Advisory Notice (RMAN III) is issued
                   under the authority of sections 2002 (a)
                   and 6002 of the Solid Waste Disposal
                   Act, as amended by the Resource
                   Conservation and Recovery Act of 1976
                   (RCRA), as amended; 42 U.S.C. 6912(a)
                   and 2962; and section  502 of Executive
                   Order 12873 (58 FR 54911, October 20,
                   1993).
                   II. Background
                     Section 6002 of RCRA establishes a
                   Federal buy-recycled program. RCRA
                   section 6002 (e) requires EPA to (1)
                   designate items that are or can be made
                   with recovered materials and (2) prepare
                   guidelines to assist procuring agencies
                   in complying with affirmative
                   procurement requirements set forth in
                   paragraphs (c), (d), and (i) of section
                   6002. Once EPA has designated items,
                   section 6002 requires that any procuring
                   agency using appropriated Federal
                   funds to procure those items must
                   purchase them composed of the highest
                   percentage of recovered materials
                   practicable. For the purposes of RCRA
                   section 6002, procuring agencies
                   include the following: (1) any Federal
                   agency; (2) any State or local agencies
                   using appropriated Federal funds for a
                   procurement, or (3) any contractors with
                   these agencies (with respect to work
                   performed under the contract). The
                   requirements of RCRA section 6002
                   apply to such procuring agencies only
                   when procuring designated items where
                   the price of the item exceeds $10,000 or
                   the quantity of the item purchased in
                   the previous year exceeded $10,000.
                     Executive Order 12873 (the Executive
                   Order) (58 FR 54911, October  22, 1993)
                   directs EPA to designate items in a
                   Comprehensive Procurement Guideline
                   (CPG) and publish guidance that
contains EPA's recommended recovered
content levels for the designated items
in the RMANs. The Executive Order
further directs EPA to update the CPG
annually and the RMANs periodically to
reflect changes in market conditions.
EPA codifies the CPG designations in
the Code of Federal Regulations  (CFR),
but, because the recommendations are
guidance, the RMANs are not codified
in the CFR. This process enables EPA to
revise its recommendations in response
to changes in a product's availability or
recovered materials content so as to
provide timely assistance to procuring
agencies in fulfilling their RCRA section
6002 responsibilities.
  EPA issued CPG I on May 1, 1995 (60
FR 21370) designating 19 new items and
published RMAN I for the designated
items on the same day (60 FR 21386).
These notices also consolidated the
guidelines previously issued for  five
items designated between 1983 and
1989. The first CPG update (CPG II) was
published on November 13, 1997, and
designated an additional 12 products.
Today, in a separate~section of the
Federal Register, EPA is proposing to
designate 19 new items (CPG III).
Today's draft RMAN III recommends
recovered materials content levels and
procurement guidance for these  19 new
items: nylon carpet with backing
containing recovered materials, carpet
cushion, flowable fill, railroad grade
crossing surfaces, park and recreational
furniture, playground equipment, food
waste compost, plastic lumber
landscaping timbers and posts, solid
plastic binders, plastic clipboards,
plastic file folders, plastic clip
portfolios, plastic presentation folders,
absorbents and adsorbents, industrial
drums, awards and plaques, mats,
signage, and manual-grade strapping.
Once finalized, today's RMAN will
serve as companion guidance to  the
previous RMANs.
  EPA, once again, wants to stress that
the recommendations in RMAN III are
just that—recommendations and
guidance to procuring agencies in
fulfilling their obligations under  RCRA
section 6002. The designation of an item
as one that is or can be produced with
recovered materials and the inclusions
of recommended content levels for an
item in the RMAN does not compel the
procurement of an item when the item
is not suitable for its intended purpose.
RCRA section 6002 is explicit in  this
regard when it authorizes a procuring
agency not to procure a designated item
which "fails to meet the performance
standards set forth in the applicable
specification or fails to meet the
reasonable performance standards of the

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                    Federal Register/Vol.  63, No.  165/Wednesday, August 26, 1998/Notices
                                                                       45581
 procuring agencies." Section 6002(1)(B),
 42U.S.C. 6962(c)(B).
   Thus, for example, in the proposal
 section of today's Federal Register, EPA
 has proposed to designate railroad grade
 crossing surfaces as items that are or can
 be made with recovered materials. The
 Agency's research shows that these
 items can be made with rubber, cement,
 or steel containing recovered materials.
 If EPA adopts the proposed designation
 and recommendations for railroad grade
 crossing surfaces, however, the mere
 fact that they are available containing
 recovered materials does not require the
 use of rubber, steel,  or concrete railroad
 grade crossing surfaces in every
 circumstance. The choice of appropriate
 materials to be used in construction
 applications remains with project
 engineers, construction contracts, and,
 in the case of buildings, architects. The
 effect of designation (and RCRA section
 6002) is simply to require the purchase
 of items containing recovered materials
 where consistent with the purpose for
 which the item is to be used. Procuring
 agencies remain free to procure
 designated items made from other
 materials where the  design
 specifications call for other materials.
 However, agencies must affirmatively
 determine whether items containing
 recovered materials  meet their
 performance needs.1

 A. Methodology for Recommending
 Recovered Materials Content Levels
  In providing guidance in the RMANs,
 the Executive Order  directs EPA to
 present "the range of recovered
 materials content levels within which
 the designated recycled items are
 currently available." Based on the
 information available to the Agency,
 EPA recommends ranges that encourage
 manufacturers to incorporate the
 maximum amount of recovered
 materials into their products without
 compromising competition or product
 performance and availability. EPA
 recommends that procuring agencies
 use these ranges, in conjunction with
 their own research, to establish
 minimum content standards for use in
 purchasing the designated items. EPA
 recommends ranges rather than
 minimum standards  for several reasons:
  First, the Executive Order directs EPA
 to develop ranges, not minimum content
  1 See also the revisions to the Federal Acquisition
Regulation requiring that the statement of work for
facility design contracts "shall require that the
architect-engineer specify, in the construction
design specifications, use of the maximum
practicable amount of recovered materials
consistent with the performance requirements,
availability, price reasonableness, and cost-
effectiveness." (62 FR 44812, August 22, 1997,
revising 48 CFR 36.601-3(a).)
 standards or specific recovered
 materials levels.
   Second, EPA has only limited
 information on recovered materials
 content levels for the new items
 proposed for designation. It would not
 be appropriate to establish minimum
 content standards without more detailed
 information because the standards may
 be treated as maximum targets by
 manufacturers and may stifle innovative
 approaches for increasing recovered
 material use. EPA hopes that the use of
 ranges will encourage manufacturers
 producing at the low end of the
 recovered materials range to seek ways
 of increasing their recovered materials
 usage. Minimum content standards are
 less likely to encourage such
 innovation.
   Third, many items are purchased
 locally rather than centrally. As a result,
 the recovered materials content of the
 items are likely to vary from region to
 region depending on local cost and
 availability of recovered materials.
 Minimum content standards are
 unlikely to be effective given the
 regional variance in recovered materials
 content because minimum content
 levels that are appropriate for one
 region, may be excessively high or low
 for other regions. A recovered materials
 content range gives regional procuring
 agencies the flexibility to establish their
 own recovered materials content
 standards and to make them as high as
 possible, consistent with the statute,
 given local product availability and
 market conditions.
   EPA reviewed publicly-available
 information, information obtained from
 product manufacturers,  and information
 provided by other government agencies
 regarding the percentages of recovered
 materials available in the items
 proposed for designation in CPG III.
 Based on this information, EPA
 established ranges of recovered
 materials content for the proposed
 designated items. In some instances,
 EPA recommends a specific content
 level (e.g., 100 percent recovered
 materials), rather than a range, because
 the item is universally available at that
 recommended level, the item contains
 100% recovered materials, or that level
 is the maximum content currently used
 in that item.
  In establishing the ranges, EPA's
 objective was to ensure the availability
 of the item, while challenging
 manufacturers to increase their use of
recovered materials. By recommending
ranges, EPA believes that sufficient
information will be provided to enable
procuring agencies to set appropriate
procurement specifications when
purchasing the newly designated items.
   It is EPA's intention to provide
 procuring agencies with the best and
 most current information available to
 assist them in fulfilling their statutory
 obligations under RCRA section 6002.
 To do this, EPA will monitor the
 progress made by procuring agencies in
 purchasing designated items with the
 highest practical recovered materials
 content levels and will adjust the
 recommended content ranges as
 appropriate. EPA anticipates that the
 recommended ranges will narrow over
 time as other items become more
 available, although for technical
 reasons, many may never be available
 with 100 percent recovered materials
 content levels.
   Under RCRA section 6002(1), it is each
 procuring agency's responsibility to
 establish minimum content standards,
 while EPA provides recommendations
 regarding the levels of recovered
 materials in the designated items. To
 make it clear that EPA does not
 establish minimum content standards
 for other agencies, EPA refers to its
 recommendations as "recovered
 materials content levels," consistent
 with RCRA section 6002 (e) and the
 Executive Order.
   More information on EPA's
 methodology for recommending
 recovered materials content levels for
 designated items is contained in
 "Background Document for Proposed
 CPG III and Draft RMAN III," located in
 the RCRA public docket for this notice.
 B. Definitions
  Today's draft RMAN III contains
 recommendations on the recovered
 materials content levels and
 postconsumer materials content levels
 at which the designated items are
 generally available. For several items
 being proposed for designation, this
 RMAN recommends two-part content
 levels—a postconsumer recovered
 materials content component and a total
 recovered materials component. In these
 instances, EPA found that both types of
 materials were being used to
 manufacture a product. Recommending
 only postconsumer content levels would
 fail to acknowledge the contribution to
 solid waste management made when
 manufacturers use, as feedstock, the
 byproducts of other manufacturing
 processes that would otherwise be
 destined for disposal as solid waste. The
 terms "recovered materials" and
 "postconsumer materials" are defined
 in 40 CFR 247.3. These definitions are
repeated here as a reference for the
convenience of the reader. The Agency
is not proposing to change these
definitions and will not consider any
comments submitted on these terms.

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45582
Federal Register/Vol. 63, No.  165/Wednesday, August 26,  1998/Notices
  Postconsumer materials means a material
or finished product that has served its
Intended end use and has been diverted or
recovered from waste destined for disposal,
having completed its life as a consumer item.
Postconsumer material is part of the broader
category of recovered materials.
  Recovered materials means waste materials
and byproducts which have been recovered
or diverted from solid waste, but such term
does not Include those materials and
byproducts generated from, and commonly
used within an original manufacturing
process.
C. Request for Comments
  EPA requests comments, including
additional supporting documentation
and information, on the types of
recovered materials identified in the
Item recommendations, the
recommended recovered and
postconsumer materials content levels,
and other recommendations for
purchasing the designated items
containing recovered materials. EPA
requests specific comments and
Information on the following issues:
  • Whether any specifications exist or
are appropriate for park benches or
picnic tables made from steel or
aluminum containing recovered
materials;
  • Whether any specifications exist or
are appropriate ifor solid plastic binders
containing recovered materials;
  • Whether any specifications or
standards exist for awards or plaques
containing recovered materials; and
  • Whether any specifications or
standards exist for mats containing
recovered materials.
III. Supporting Information and
Accessing Internet
  The index of supporting materials for
today's draft RMAN III is available in
the RCRA Information  Center (RIC) and
on EPA's Internet web  page. The
address and telephone number of the
RIC are provided in ADDRESSES above.
The index and the following supporting
materials are available on the Internet:
  "Background Document for Proposed
CPG III and Draft RMAN in," EPA530-
R-98-003, U.S. EPA. Office of Solid
Waste and Emergency Response, April,
1998.
  Copies of the following supporting
materials are available for viewing at the
RIC only:
  "Recovered Materials Product
Research for the Comprehensive
Procurement Guideline III," Draft
Report, September 26,  1997.
  Follow these instructions to access
information electronically:
WWW: http://www.epa.gov/epaoswer/
  non-hw/procure.htm.
FTP: ftp.epa.gov
                    Login: anonymous
                    Password: your Internet address
                    Files are located in /pub/epaoswer.

                      Dated: August 19, 1998.
                    Carol M. Browner,
                    Administrator.

                    Recovered Materials Advisory Notice
                    ra

                      The following represents EPA's draft
                    recommendations to procuring agencies
                    for purchasing the items proposed today
                    for designation in the Comprehensive
                    Procurement Guideline III, in
                    compliance with section 6002 of the
                    Resource Conservation and Recovery
                    Act (RCRA). These recommendations
                    are intended to be used in conjunction
                    with RMAN I (60 FR 21386, May 1,
                    1995), the Paper Products RMAN (61  FR
                    26985, May 29, 1996), and RMAN II (62
                    FR 60975, November 13, 1997).  Refer to
                    the previous RMANs or the Code of
                    Federal Regulations at 40 CFR Part 247
                    for definitions, general
                    recommendations for affirmative
                    procurement programs, and
                    recommendations for previously
                    designated items.

                    Contents
                    I. General Recommendations
                    II. Specific Recommendations for
                       Procurement of Designated Items
                    Part C. Construction Products
                      Section C-8. Nylon Carpet (Broadloom and
                       Tiles) Made with Backing Containing
                       Recovered Materials
                      Section C-9. Carpet Cushion Made from
                       Bonded Polyurethane, Jute, Synthetic
                       Fibers, or Rubber Containing Recovered
                       Materials
                      Section C-10. Flowable Fill Containing
                       Coal Fly Ash and/or Ferrous Foundry
                       Sands
                      Section C-l 1. Railroad Grade Crossing
                       Surfaces Containing Coal Fly Ash,
                       Recovered Rubber, or Recovered Steel
                    Part E. Park and Recreation Products
                      Section E-3. Park Benches and Picnic
                       Tables Containing Recovered Steel,
                       Aluminum, Plastic, or Concrete
                      Section E-4. Playground Equipment
                       Containing Recovered Plastic, Steel, or
                       Aluminum
                    Part F. Landscaping Products
                      Section F-2. Compost Made from  Yard
                       Trimmings and/or Food Waste (Revised)
                      Section F-5. Plastic Lumber Landscaping
                       Timbers and Posts Containing Recovered
                       Materials
                    Part G. Non-Paper Office Products
                      Section G-8. Solid Plastic Binders, Plastic
                       Clipboards, Plastic File Folders, Plastic
                       Clip Portfolios, and Plastic Presentation
                       Folders Containing Recovered Plastic
                    Part H. Miscellaneous Products
                      Section H-2. Sorbents Containing
                       Recovered Materials for Use in Oil and
                       Solvent Clean-ups and as Animal
                       Bedding
                      Section H-3. Industrial Drums Containing
                       Recovered Steel, Plastic, and Paper
  Section H-4. Awards and Plaques
    Containing Recovered Glass, Wood,
    Paper, or Plastic
  Section H-5. Mats Containing Recovered
    Rubber and/or Plastic
  Section H-6. Manual-Grade Strapping
    Containing Recovered Steel and Plastic
  Section H-7. Signs Containing Recovered
    Plastic or Aluminum and Sign Posts/
    Supports Containing Recovered Plastic
    or Steel

I. General Recommendations
(See the May 1, 1995 RMAN I for EPA's
general recommendations for
definitions, specifications, and
affirmative procurement programs.)

II. Specific Recommendations for
Procurement of Designated Items
(See the May 1, 1995 RMAN I, the May
29, 1996 Paper Products RMAN, and the
November 13, 1997 RMAN II for
recommendations for previously-
designated items.)

Part C—Construction Products

  Note: Refer to Part F—Landscaping
Products for additional items that can be
used in construction applications.

Section C-8. Nylon Carpet (Broadloom
and Tiles) Made With Backing
Containing Recovered Materials
  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C-8, procuring agencies
establish minimum content standards
for use in purchasing nylon broadloom
carpet and carpet tiles made with
backing containing recovered materials.
EPA further recommends that Federal
procuring agencies use GSA's carpet
contract GS-OOF-8453-A when
purchasing nylon broadloom carpet or
carpet tiles made with backing
containing recovered materials.

TABLE  C-8.—RECOMMENDED  RECOV-
  ERED  MATERIALS CONTENT  LEVELS
  FOR  BACKING FOR  NYLON  BROAD-
  LOOM AND CARPET TILES
Material
Old carpets 	

Postconsumer
content (%)
35-70

Total re-
covered
materials
content
100

  Note: EPA's recommendation does not
preclude a procuring agency from purchasing
broadloom carpet or carpet tiles made from
another material, such as wool. It simply
requires that procuring agencies, when
purchasing nylon broadloom carpet or carpet
tiles, purchase these items made with
backing containing recovered materials when
they meet applicable specifications and
performance requirements. Refer to Section

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                    Federal Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Notices
                                                                     45583
 C-4 in RMAN I for EPA's recommendations
 for purchasing polyester carpet containing
 recovered materials.

   Specifications: EPA recommends that
 procuring agencies review their carpet
 specifications and revise them as
 necessary to permit the use of backing
 containing recovered materials.

 Section C-9. Carpet Cushion Made
 From Bonded Polyurethane, Jute,
 Synthetic Fibers, or Rubber Containing
 Recovered Materials

   Preference Program: EPA
 recommends that, based on the
 recovered materials content levels
 shown in Table C-9, procuring agencies
 establish minimum content standards
 for use in purchasing bonded
 polyurethane, jute,  synthetic fiber, or
 rubber carpet cushion containing
 recovered materials.

 TABLE  C-9.—RECOMMENDED  RECOV-
   ERED MATERIALS  CONTENT  LEVELS
   FOR  BONDED POLYURETHANE, JUTE,
   SYNTHETIC  FIBER,  AND   RUBBER
   CARPET CUSHION
 TABLE  C-9.—RECOMMENDED RECOV-
   ERED MATERIALS CONTENT LEVELS
   FOR  BONDED POLYURETHANE, JUTE,
   SYNTHETIC  FIBER,   AND   RUBBER
   CARPET CUSHION—Continued
Product
Synthetic
fibers.
Rubber 	
Material
Carpet
fabrica-
tion
scrap.
Tire rubber
Post
con-
sumer
content
(%)

60-90
Total re-
covered
mate-
rials
content
(%)
100
60-90
Product
Bonded
poly-
urethane.
Jute 	
Material
Old carpet
cushion.
Burlap 	
Post
con-
sumer
content
(%)
15-50
40
Total re-
covered
mate-
rials
content
(%)
15-50
40
  Note: EPA's recommendations do not
preclude a procuring agency from purchasing
another type of carpet cushion. They simply
require that procuring agencies, when
purchasing bonded polyurethane, jute,
synthetic fiber, or rubber carpet cushions,
purchase these items made with recovered
materials when these items meet applicable
specifications and performance requirements.
Refer to Section C-4 in RMAN I for EPA's
recommendations for purchasing  polyester
carpet containing recovered materials.
  Specifications: EPA is not aware of
carpet cushion specifications unique to
carpet cushions containing recovered
materials. Therefore, EPA recommends
that procuring agencies use the
standards set by the Carpet and Rug
Institute and the Carpet Cushion
Council when purchasing bonded
polyurethane, jute, synthetic fiber, or
rubber carpet cushion containing
recovered materials.
 Section C-10. Flowable Fill Containing
 Coal Fly Ash and/or Ferrous Foundry
 Sands

   Preference Program: EPA
 recommends that procuring agencies
 use flowable fill containing coal fly ash
 and/or ferrous foundry sands for backfill
 and other fill applications. EPA further
 recommends that procuring agencies
 include provisions in all construction
 contracts involving backfill or other fill
 applications, to allow for the use of
 flowable fill containing coal fly ash and/
 or ferrous foundry sands, where
 appropriate.
  The specific percentage of coal fly ash
 or ferrous foundry sands used in
 flowable fill depend on the specifics of
 the job, including the type of coal fly
 ash used (Class C or Class  F); the
 strength, set time, and flowability
 needed; and bleeding and  shrinkage.
 Therefore, EPA is not recommending
 specific coal fly ash or ferrous foundry
 sands content levels for procuring
 agencies to use in establishing
 minimum content standards for
 flowable fill. EPA recommends that
 procuring agencies refer to the mix
 proportions in Tables C-lOa and C-lOfa
 for typical proportions for  high and low
 coal fly ash content mixes. EPA further
recommends that procuring agencies
refer to American Concrete Institute
 (ACI) report ACI 229R-94 for guidance
on the percentages of coal fly ash that
can be  used in flowable fill mixtures.
                 TABLE C-10A.—TYPICAL PROPORTIONS FOR HIGH FLY ASH CONTENT FLOWABLE FILLS
Component
Fly ash (95%) 	
Cement (5%) 	
Added water 	 	

Total 	
Range kg/m3 (Ib/yd3)
949 to 1542 (1600 to 2600)
47 to 74 (80 to 125)
222 to 371 (375 to 625)


Mix design
kg/m3 (Ib/yd3)
1^94. forifu\\
co HfM\
*OA~7 {AiK\

1543 (2600)
  * Equal to 189 liters (50 gallons).
  Source: "Fly Ash Facts for Highway Engineers," FHWA-SA-94-081, U.S. Department of Transportation, Federal Highway Administration Au-
gust 1995.

                TABLE C-1 OB.—TYPICAL PROPORTIONS FOR  Low FLY ASH CONTENT FLOWABLE FILLS
Component
Fly ash (6% to 14%)t 	
Cement 	
Sand 	
Added water 	

Total 	
Range kg/m3 (Ib/yd3)
1 1 9 to 297 (200 to 500)
30 to 119 (50 to 200)
1483 to 1780 (2500 to 3000)
198 to 494 (333 to 833)


Mix Design
kg/m3 (Ib/yd3)
17ft c*r\ri\
en /-inn\
"\^AO /op.nn\
*OQ7 fflftfYl

2076 (3500)
  t High calcium fly ash is used in lower amounts than low calcium fly ash.
  * Equal to 227 liters (60 gallons).
  Source: "Fly Ash Facts for Highway Engineers," FHWA-SA-94-081, U.S. Department of Transportation, Federal Highway Administration, Au-
cjust

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45584
Federal Register/Vol.  63,  No. 165/Wednesday, August 26,  1998/Notices
  Spec/flcatfons.'The following
recommendations address mix designs,
test methods, and performance
standards.
  • Mix designs. EPA recommends that
procuring agencies use ACI report
ACI229R-94, "Controlled Low Strength
Materials (CLSM)" and "Fly Ash Facts
for Highway Engineers," (FHWA-SA-
94-081, U.S. Department of
Transportation, Federal Highway
Administration, August 1995) in
developing mix designs. Among other
things, ACI229R-94 addresses materials,
including coal fly ash and foundry
sands, mix design, and mixing,
transporting, and placing. It also
provides examples of mixture designs
containing coal fly used by  the states of
Iowa, Florida, Illinois, Indiana,
Oklahoma, Michigan, Ohio, and South
Carolina. "Fly Ash Facts for Highway
Engineers" addresses materials,
strength, flowability, time of set,
bleeding and shrinkage.
  A mix design for the use of foundry
sand and coal fly ash in flowable fill
was developed  for Ford Motor
Company. Procuring agencies can obtain
a copy of this design by contacting the
RCRA Hotline at 1-800-424-9346.
Table C-lOc provides the recommended
trial mixture from this specification.

TABLE  C-10c.—MATERIALS   QUAN-
  TITIES FOR FLOWABLE FILL MIXTURE
  CONTAINING  FOUNDRY  SANDS AND
  COAL FLY ASH
                    TABLE C-10D — RECOMMENDED  TEST
                      METHODS  FOR   FLOWABLE   FILLS
                      (CONTROLLED LOW  STRENGTH  MA-
                      TERIALS)
Component
Cement 	 	 	
Coal fly ash 	
Foundry sand 	
Water 	

Quantity
per cubic
yard
(Ibs.)
50
250
2850
500

  • Materials specifications and test
methods. EPA recommends that
procuring agencies use ACI229R-94 and
the ASTM standards listed in Table C-
lOd when purchasing flowable fill or
contracting for construction that
Involves backfilling or other fill
applications.
  EPA recommends that procuring
agencies refer to ASTM C 33-93,
"Standard Specification for Concrete
Aggregates," for appropriate gradation
requirements for ferrous foundry sands
used as aggregates in flowable fills.
Procuring agencies should note that
ferrous foundry sands may need to be
blended with natural sand or other fine
aggregate to meet the C 33-93 gradation
requirements.
                    ASTM speci-
                    fication NO.
                    D 4832-95e1




                    D 5239-92 ...


                    D 5971-96 ...



                    D 6103-07 ...



                    D 6023-96 ...





                    D 5971-96 ...



                    D 6024-96 ...
          Title
Standard Test Method for
  Preparation and Testing of
  Controlled Low Strength
  Material (CLSM) Test Cyl-
  inders.
Standard Practice for Charac-
  terizing Fly Ash for Use in
  Soil Stabilization.
Standard Practice for Sam-
  pling Freshly Mixed Con-
  trolled Low Strength Mate-
  rial.
Standard Test Method for
  Flow Consistency of Con-
  trolled Low Strength Mate-
  rial.
Standard Test Method for Unit
  Weight, Yield, Cement Con-
  tent and Air Content
  (Gravimetric) of Controlled
  Low Strength Material
  (CLSM).
Standard Practice for Sam-
  pling Freshly Mixed Con-
  trolled Low Strength Mate-
  rial.
Standard Test Method for Ball
  Drop on Controlled Low
  Strength Material (CLSM) to
  Determine Suitability for
  Load Application.
                      • State specifications. The following
                    states have specifications for flowable
                    fill containing coal fly ash: California,
                    Colorado, Delaware, Florida, Georgia,
                    Illinois, Indiana, Kansas, Kentucky,
                    Maryland, Massachusetts, Michigan,
                    Minnesota, Nebraska, New Hampshire,
                    New Mexico, North Carolina, Ohio,
                    Texas, Washington, West Virginia, and
                    Wisconsin.
                      The state of Ohio has a specification
                    entitled "Flowable Fill Made with Spent
                    Foundry  Sand," and the states of
                    Pennsylvania, Wisconsin, and Indiana
                    are developing specifications for using
                    foundry sands in flowable fill.
                      If needed,  procuring agencies can
                    obtain state specifications from the
                    respective state transportation
                    departments and adapt them for use in
                    their programs. ACI229R-94 includes
                    mix designs from several of these states.
                      • Contract specifications. EPA
                    recommends that procuring agencies
                    which prepare or review "contract"
                    specifications for individual
                    construction projects revise those
                    specifications to allow the use of
                    flowable  fills containing coal fly ash
                    and/or ferrous foundry sands.
  • Performance standards. EPA
recommends that procuring agencies
review and, if necessary, revise
performance standards relating to fill
materials to insure that they do not
arbitrarily restrict or preclude the use of
flowable fills containing coal fly ash
and/or ferrous foundry sands, either
intentionally or inadvertently, unless
the restriction is justified on a job-by-job
basis: (1) to meet reasonable
performance requirements for fill
materials or (2) because the use of coal
fly ash or ferrous foundry sands would
be inappropriate for technical reasons.
EPA recommends that this justification
be documented based on specific
performance information. Legitimate
documentation of technical infeasibility
can be for certain classes of
applications, rather than on a job-by-job
basis. Agencies should reference such
documentation in individual contract
specifications, to avoid extensive
repetition of previously documented
points. However, procuring agencies
should be prepared to submit such
documentation to scrutiny by interested
parties and should have a review
process available in the event of
disagreements.
  Promotion program: EPA
recommends that, as part of the
promotion programs required by section
6002(1) of the Resource Conservation
and Recovery Act, procuring agencies
conduct demonstration programs for
using flowable fills containing coal fly
ash and/or ferrous foundry sands. EPA
further recommends that procuring
agencies educate construction
contractors about the design, use, and
performance of flowable fills containing
coal fly ash and/or ferrous foundry
sands.

Section C-ll. Railroad Grade Crossing
Surfaces Containing Coal Fly Ash,
Recovered Rubber, or Recovered Steel

  Preference Program: EPA
recommends that based on the
recovered materials content levels
shown in Table C-l la, procuring
agencies establish minimum content
standards for use in purchasing
concrete, rubber, and steel railroad
grade crossing surfaces containing
recovered materials.
  EPA further recommends that
procuring agencies include provisions
in all concrete railroad grade crossing
construction contracts to allow for the
use,  as optional or alternate materials, of
concrete containing coal fly ash, where
appropriate.

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                    Federal  Register/Vol.  63,  No. 165/Wednesday,  August 26, 1998/Notices
                                                                                                 45585
 TABLE  C-11A.—RECOMMENDED  RE-
   COVERED MATERIALS CONTENT  LEV-
   ELS  FOR  CONCRETE,  RUBBER,  AND
   STEEL RAILROAD GRADE CROSSING
   SURFACE
Surface
material
Concrete ...
Rubber 	
Steel 	

Recovered
material
Coal fly
ash.
Tire rubber
Steel

Post-
con-
sumer
content


16-75

Total re-
covered
mate-
rials
content
15-20
85-95
20-100

  Notes: EPA's recommendations do not
 preclude a procuring agency from purchasing
 another type of railroad grade crossing
 surface, such as wood or asphalt. They
 simply require that procuring agencies, when
 purchasing concrete, rubber, or steel grade
 crossing surfaces, purchase these items made
 with recovered materials when these items
 meet applicable specifications and
 performance requirements. However, EPA
 recommends that procuring agencies
 consider using concrete, rubber, or steel
 grade crossing surfaces.
  The recommended recovered
 materials content levels for rubber
 railroad grade crossing surfaces are
 based on the weight of the raw
 materials, exclusive of any additives
 such as binders or additives.
  Coal fly ash can be used as an
 ingredient of concrete slabs, pavements,
 or controlled density fill product,
 depending on the type of concrete
 crossing system installed. Higher
 percentages of coal fly ash can be used
 in the concrete mixture; the higher
 percentages help to produce a more
 workable and durable product but can
 prolong the curing process.
  Specifications: EPA recommends that
 procuring agencies use the ASTM
 standards listed in Table C-l Ib when
 purchasing rubber railroad grade
 crossing surfaces. EPA recommends that
 procuring agencies use the ASTM and
 AASHTO standards listed in Table C-
 1 Ic when purchasing concrete railroad
 grade crossing surfaces.

TABLE C-11 B.—RECOMMENDED SPEC-
  IFICATIONS FOR RUBBER  RAILROAD
  GRADE  CROSSINGS
ASTM speci-
 fication No.
D 2000-96 ...

D 2240-97 ...

D 412-97 	
          Title
Rubber Products in Auto-
  motive Applications.
Rubber Property—Durometer
  Hardness.
Vulcanized Rubber and Ther-
  moplastic Rubbers and
  Thermoplastic Elastomers—
  Tension.
                           TABLE C-11 B.—RECOMMENDED SPEC-
                             IFICATIONS  FOR  RUBBER  RAILROAD
                             GRADE CROSSINGS—Continued
                           ASTM speci-
                            fication No.
                           D 297-93 ..,

                           E 303-93 ...


                           D1171-94 .



                           D 573-88 ...
                           D 395-89 ...

                           D 257-93 ...

                           D 2137-94 .
                                                               Title
              Rubber Products—Chemical
               Analysis.
              Measuring Surface Frictional
               Properties Using the British
               Pendulum Tester.
              Rubber Deterioration—Sur-
               face Ozone Cracking Out-
               doors or Chamber (Tri-
               angular Specimens).
              Deterioration in an Air Oven.
              Rubber Property—Compres-
               sion Set.
              DC Resistance or Conduct-
               ance of Insulating Materials.
              Rubber Property—Brittleness
               Point of Flexible Polymers
               and Coated Fabrics.
                           TABLE       C-11 c.—RECOMMENDED
                             SPECIFICATIONS FOR  CEMENT  AND
                             CONCRETE CONTAINING RECOVERED
                             MATERIALS
                           Specification No.
                           ASTM C 595 ....


                           ASTM C 150 ....

                           AASHTO M 240

                           ASTM C 618 ....
                           ASTM C 311 ....
                         Title
                Standard Specification for
                  Blended Hydraulic Ce-
                  ments.
                Standard Specification for
                  Portland Cement.
                Blended Hydraulic Ce-
                  ments.
                Standard Specification for
                  Fly Ash and Raw or
                  Calcined Natural
                  Pozzolan for Use as a
                  Mineral Admixture in
                  Portland Cement Con-
                  crete.
                Standard Methods of Sam-
                  pling and Testing Fly
                  Ash and  Natural
                  Pozzolans for Use as a
                  Mineral Admixture in
                  Portland  Cement Con-
                 crete.
PartE. Park and Recreation Products

Section E-3. Picnic Tables and Park
Benches Containing Recovered Steel,
Aluminum, or Plastic

  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table E-3a, procuring
agencies establish minimum content
standards for use in purchasing
aluminum, steel, or plastic park benches
and picnic tables containing recovered
materials.
                                        TABLE   E-SA.—RECOMMENDED   RE-
                                          COVERED MATERIALS CONTENT LEV-
                                          ELS FOR  PICNIC TABLES AND PARK
                                          BENCHES  CONTAINING  RECOVERED
                                          ALUMINUM,  STEEL, CONCRETE  OR
                                          PLASTIC



Material


Plastics 	
Plastic composites
Aluminum 	
Concrete 	
Steel 	


Post-
con-
sumer
content
(%)
90-100
50-100
25

16-25

Total
recov-
ered
mate-
rials
content
100
100
25
15-40
100

  Notes: "Plastics" includes both single and
 mixed plastic resins. Picnic tables and park
 benches made with recovered plastics may
 also contain other recovered materials such
 as sawdust, wood, or fiberglass. The
 percentage of these materials contained in
 the product would also count toward the
 recovered materials content level of the item.

  EPA's recommendations do not
 preclude a procuring agency from
 purchasing park benches or picnic
 tables made from other materials. They
 simply require that procuring agencies,
 when purchasing park benches or picnic
 tables made from plastic, aluminum,
 concrete, or steel purchase these items
 made with recovered materials when
 these items meet applicable
 specifications and performance
 requirements.
  Specifications: EPA did not identify
 any specifications for park benches or
 picnic tables made from steel or
 aluminum and requests comments on
 whether any specifications exist or are
 appropriate for these materials when
 used in park benches and picnic tables.
  EPA recommends that procuring
 agencies use the ASTM specifications
 referenced in Table E-3b for park
 benches and picnic tables made from
plastic lumber.

TABLE E-3B.—RECOMMENDED  SPECI-
  FICATIONS   FOR   PLASTIC  LUMBER
  USED IN PARK BENCHES AND PICNIC
  TABLES
ASTM speci-
fication num-
    ber
D 6108-97
                                                                              D 6109-97
                                                                                                     Title
Standard Test Method for
  Compressive Properties of
  Plastic Lumber.
Standard Test Method for
  Flexural Properties of
  Unreinforced and Rein-
  forced Plastic Lumber.

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45586
      Federal Register/Vol. 63, No. 165/Wednesday,  August 26.  1998/Notices
TABLE E-SB.—RECOMMENDED SPECI-
  FICATIONS   FOR  PLASTIC  LUMBER
  USED IN PARK BENCHES AND PICNIC
  TABLES—Continued
ASTM speci-
fication num-
    ber
D 6111-97...
D 6112-97 ...
D 6117-97 ...
          Title
Standard Test Method for
  Bulk Density and Specific
  Gravity of Plastic Lumber
  and Shapes by Displace-
  ment.
Standard Test Method for
  Compressive and Flexural
  Creep and Creep Rupture
  of Plastic Lumber and
  Shapes.
Standard Test Method for Me-
  chanical Fasteners in Plas-
  tic Lumber and Shapes.
agencies establish minimum content
standards for use in purchasing
playground equipment made from
plastic lumber, steel, or aluminum
containing recovered materials.

TABLE  E-4A.—RECOMMENDED   RE-
  COVERED  MATERIALS CONTENT LEV-
  ELS FOR  PLAYGROUND  EQUIPMENT
  CONTAINING  RECOVERED  PLASTIC,
  STEEL, OR ALUMINUM
Section E-4. Playground Equipment
  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table E-4a, procuring
Material
Plastics 	
Plastic Composites 	
Steel 	
Aluminum 	

Post-
con-
sumer
content
(%)
90-100
50-75
25-100
25

Total re-
covered
mate-
rials
content
(%)
100
95-100
25-100
25

                           Notes: "Plastics" includes both single and
                          mixed plastic resins. Playground equipment
                          made with recovered plastics may also
                          contain other recovered materials such as
                          wood or fiberglass. The percentage of these
materials contained in the product would
also count toward the recovered materials
content level of the item.

  EPA's recommendations do not
preclude a procuring agency from
purchasing playground equipment made
from other materials. They simply
require that procuring agencies, when
purchasing playground equipment made
from plastic, aluminum, or steel
purchase these items made with
recovered materials when the item,
meets applicable specifications and
performance requirements.
  Specifications: EPA recommends that
procuring agencies use the
specifications in Table E-4b when
procuring playground equipment.
Playground equipment may also be
subject to state and local codes and
standards as well as Federal child safety
laws. EPA also recommends that
procuring agencies use the ASTM
specifications referenced in Table E-4c
for playground equipment made from
plastic lumber.
                TABLE E-4B.—RECOMMENDED SAFETY SPECIFICATIONS FOR PLAYGROUND EQUIPMENT
Specification
Consumer Product Safety Commission (CPSC) Publication No. 325 	
ASTM F-1487-95 	

Title
Handbook for Public Playground Safety.
Safety Performance Specification for Playground
Use.

Equipment for Public

        TABLE E-4C.—RECOMMENDED SPECIFICATIONS FOR PLASTIC LUMBER USED IN PLAYGROUND EQUIPMENT
ASTM specification number
D 6108-97 	
D 6109-97 	
D 6111-97 	
D 61 12-97 	
D 61 17-97 	
Title
Standard Test Method for Compressive Properties of Plastic Lumber.
Standard Test Method for Flexural Properties of Unreinforced and Reinforced Plastic Lumber.
Standard Test Method for Bulk Density and Specific Gravity of Plastic Lumber and Shapes by
Displacement.
Standard Test Method for Compressive and Flexural Creep and Creep Rupture of Plastic
Lumber and Shapes.
Standard Test Method for Mechanical Fasteners in Plastic Lumber and Shapes.
Part F. Landscaping Products
Section F-2. Compost Made From Yard
Trimmings and/or Food Waste (Revised)
  Note: Following are EPA's revised
recommendations for purchasing compost.
The revisions add recommendations for
purchasing compost made from food waste to
EPA's 1995 recommendations for purchasing
yard trimmings compost. When EPA issues
final recommendations for purchasing
composts made from yard trimmings and/or
food waste, procuring agencies should
substitute them for the recommendations
found in Section F-2 of the  1995 RMAN I.
  Preference Program: EPA
recommends that procuring agencies
purchase or use compost made from
yard trimmings, leaves, grass clippings
and/or food wastes In such applications
as landscaping, seeding of grass or other
                          plants on roadsides and embankments,
                          as nutritious mulch under trees and
                          shrubs, and in erosion control and soil
                          reclamation.
                           EPA further recommends that those
                          procuring agencies that have an
                          adequate volume of yard trimmings,
                          leaves, grass clippings, and/or food
                          wastes, as well as sufficient space for
                          composting, should implement a
                          composting system to produce compost
                          from these materials to meet their
                          landscaping and other needs.
                           Specifications: EPA recommends that
                          procuring agencies ensure that there is
                          no language in their specifications
                          relating to landscaping, soil
                          amendments, erosion control, or soil
                          reclamation that would preclude or
                          discourage the use of compost. For
                                      instance, if specifications address the
                                      use of straw or hay in roadside
                                      revegetation projects, procuring
                                      agencies should assess whether compost
                                      could substitute for straw or hay or be
                                      used in combination with them.
                                        The U.S. Department of
                                      Transportation's "Standard
                                      Specifications for Construction of Roads
                                      and Bridges on Federal Highway
                                      Projects 1996," specifies compost as one
                                      of the materials suitable for use in
                                      roadside revegetation projects
                                      associated with road construction.
                                      These standards do not preclude the use
                                      of compost made from yard trimmings,
                                      leaves, grass, clippings, and/or food
                                      waste.
                                        The State of Maine has developed
                                      quality standards for compost products

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                    Federal Register /Vol. .63. No.  165/Wednesday,  August 26, 1998/Notices
                                                                       45587
 that are used by its agencies and/or
 purchased with state funds. The quality
 standards have been set for six types of
 compost products, ranging from topsoil
 (three classes), to wetland substrate, to
 mulch (two classes). For each of these
 types of compost product, standards for
 maturity, odor, texture, nutrients, pH,
 salt content, organic content, pathogen
 reduction, heavy metals, foreign matter,
 moisture content, and density have been
 established. EPA recommends that
 procuring agencies obtain and adapt this
 or another suitable specification for
 their use in purchasing compost
 products.
   The Composting Council is helping to
 define and develop industry wide
 standards for composts made from
 various combinations of materials,
 including yard trimmings, leaves, grass
 clippings, and food wastes. The
 Composting Council publishes these
 standards in an operating guide for
 composting facilities entitled,  "Test
 Methods for Examination of Composting
 and Compost." The guide also provides
 standards for the suitability of different
 types of composts made for different
 applications, depending on the compost
 mix.

 Section F-5. Plastic Lumber
 Landscaping Timbers and Posts
 Containing Recovered Materials

   Preference Program: EPA
 recommends that, based on the
 recovered materials content levels
 shown in Table F-5a, procuring
 agencies establish minimum content
 standards for use in purchasing plastic
 lumber landscaping timbers and posts
 containing recovered materials.

 TABLE F-SA.—RECOMMENDED RECOV-
    ERED  MATERIALS  CONTENT LEVELS
    FOR PLASTIC LUMBER LANDSCAPING
    TIMBERS AND POSTS

Material

HOPE 	
Mixed Plastics/Sawdust
HDPE/Fiberglass 	
Other mixed resins 	
Post-
con-
sumer-
content
25-100
50
75
50-100
Total re-
covered
mate-
rials
content
75-100
100
95
95-100
   Note: EPA's recommendations do not
 preclude a procuring agency from purchasing
 wooden landscaping timbers and posts. They
 simply require that procuring agencies, when
 purchasing plastic landscaping timbers and
 posts purchase these items made with
 recovered materials when the items meet
 applicable specifications and performance
 requirements.
   Specifications: EPA recommends that
 procuring agencies use the ASTM
 specifications referenced in Table F-5b
 for plastic lumber landscaping timbers
 and posts.

 TABLE F-5B.—RECOMMENDED  SPECI-
   FICATIONS  FOR  PLASTIC   LUMBER
   LANDSCAPING TIMBERS AND  POSTS
 ASTM speci-
  fication No.
 D 6108-97 ...
          Title
Standard Test Method for
  Compressive Properties of
  Plastic Lumber.
                           TABLE F-5B.—RECOMMENDED  SPECI-
                             FICATIONS   FOR   PLASTIC  LUMBER
                             LANDSCAPING  TIMBERS  AND
                             POSTS—Continued
ASTM speci-
fication No.
D 6109-97 ...



D 61 11-97 ...




D 61 12-97 ...




D 61 17-97 ...


Title
Standard Test Method for
Flexural Properties of
Unreinforced and Rein-
forced Plastic Lumber.
Standard Test Method for
Bulk Density and Specific
Gravity of Plastic Lumber
and Shapes by Displace-
ment.
Standard Test Method for
Compressive and Flexural
Creep and Creep Rupture
of Plastic Lumber and
Shapes.
Standard Test Method for Me-
chanical Fasteners in Plas-
tic Lumber and Shapes.
Part G. Non-Paper Office Products

Section G-8. Solid Plastic Binders,
Plastic Clipboards, Plastic File Folders,
Plastic Clip Portfolios, and Plastic
Presentation Folders Containing
Recovered Plastic

  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table G-8, procuring agencies
establish minimum content standards
for use in purchasing solid plastic
binders, plastic clipboards, plastic file
folders, plastic clip portfolios, and
plastic presentation folders containing
recovered  materials.
TABLE G-8.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR SOLID PLASTIC BINDERS, CLIPBOARDS, FILE
                              FOLDERS, CLIP PORTFOLIOS, AND PRESENTATION FOLDERS
Product
Solid plastic binders 	



Plastic clipboards 	


Plastic file folders 	
Plastic clip portfolios 	
Plastic presentation folders 	

Material
HOPE
PE 	
PET 	
Misc. Plastics 	
HOPE
PS 	
Misc. Plastics 	
HOPE 	
HOPE
HOPE ....

Postconsumer
content (%)
Qfl
30-50
100
80
Qn
50
15
Qn
QD
Qn

Total recov-
ered mate-
rials content
(%)
an
qn_ en
100
an

^n
Hc_on
on

an

  Note: EPA's recommendations do not
preclude a procuring agency from purchasing
binders, clipboards, file folders, clip
portfolios, or presentation folders made from
another material, such as paper. They simply
require that procuring agencies, when
purchasing these items made from solid
plastic, purchase them made with recovered
plastics when these items meet applicable
specifications and performance requirements.
For EPA's recommendations for purchasing
pressboard binders and paper file folders
containing recovered materials, see table A-
Ic in the Paper Products RMAN (61 FR
                          26986, May 29, 1996). See Table G-3 in
                          RMAN I for EPA's recommendations for
                          purchasing plastic-covered binders
                          containing recovered materials.

                           Specifications: EPA did not identify
                          any specifications for solid plastic

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45588
Federal  Register/Vol. 63, No.  165/Wednesday. August 26,  1998/Notices
binders, clipboards, file folders, clip
portfolios, and presentation folders and
requests comments on whether any
specifications exist or are appropriate
for these items containing recovered
plastic.
Part H. Miscellaneous Products
Section H-2, Sorbents

  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table H-2a. procuring
agencies establish minimum content
standards for use in purchasing sorbent
materials for use in oil and solvent
clean-ups and for use as animal
bedding.

TABLE  H-2A.—RECOMMENDED   RE-
  COVERED MATERIALS CONTENT LEV-
  ELS FOR SORBENTS USED IN OIL
  AND SOLVENTS CLEAN-UPS AND FOR
  USE AS ANIMAL BEDDING
Material
Paper 	 	
Textiles 	 	

Wood 	
Other Organtcs/Multi-
Malerials 	

Post-
con-
sumer
content
(%)
90-100
95-100




Total re-
covered
mate-
rials
content
(%)
100
95-100
25-100
100
100

  Notes: "Wood" Includes materials such as
sawdust and lumber mill trimmings.
Examples of other organics include, but are
not limited to, peanut hulls and corn stover.
An example of multi-material sorbents would
Include, but not be limited to, a polymer and
cellulose fiber combination.

  EPA's recommendations do not
preclude a procuring agency from
purchasing sorbents made from other
materials. They simply require that
procuring agencies, when purchasing
sorbents made from paper, wood,
textiles, plastics, or other organic
materials, purchase them made with
recovered materials when these items
meet applicable specifications and
performance requirements.
  Specifications: EPA. recommends that
procuring agencies ensure that there is
no language in their specifications for
sorbents that would preclude or
discourage the use of products
containing recovered materials.
  EPA recommends that procuring
agencies use the ASTM specifications in
Table H-2b when procuring sorbents for
use on oil and solvent clean-ups.
                    TABLE H-2B.—ASTM SPECIFICATIONS
                     FOR ABSORBENTS AND ADSORBENTS
                     ASTM
                    specifica-
                     tion No.
                    F 716-81
                    F716-82
           Title
Standard Method of Testing Sor-
  bent Performance of Adsorb-
  ents.
Standard Method of Testing Sor-
  bent     Performance     of
  Absorbents.
                   Section H-3. Industrial Drums
                   Containing Recovered Steel, Plastic, and
                   Paper

                     Preference Program: EPA recommends
                   that, based on the recovered materials
                   content levels shown in Table H-3,
                   procuring agencies establish minimum
                   content standards for use in purchasing
                   steel, plastic, or fiber industrial drums
                   containing recovered materials. EPA
                   further recommends that procuring
                   agencies reuse drums, purchase or use
                   reconditioned drums, or procure drum
                   reconditioning services, whenever
                   feasible.

                   TABLE  H-3.—RECOMMENDED RECOV-
                     ERED  MATERIALS CONTENT  LEVELS
                     FOR STEEL, PLASTIC, AND FIBER IN-
                     DUSTRIAL DRUMS

Product
Steel
drums.
Plastic
drums.
Fiber
drums.

Material
Steel 	

HOPE 	

Paper 	

Post
con-
sumer
content
16

30-100

100

Total re-
covered
mate-
rials
content
20-30

30-100

100

                     Note: EPA's recommendation does not
                   preclude a procuring agency from purchasing
                   another type of industrial drum. It simply
                   requires that procuring agencies, when
                   purchasing steel, plastic, or fiber industrial
                   drums, purchase these items made with
                   recovered materials when these items meet
                   applicable specifications and performance
                   requirements.

                     Specifications: EPA is not aware of
                   specifications unique to industrial
                   drums containing recovered materials.
                   EPA notes that industrial drums
                   containing recovered materials can meet
                   applicable U.S. Department of
                   Transportation specifications for
                   packaging hazardous materials.
                   Additionally, the National Motor
                   Freight Traffic Association
                   specifications for containers used to
                   transport goods via truck do not prohibit
the use of industrial drums containing
recovered materials.

Section H-4. Awards and Plaques

  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table H-4, procuring agencies
establish minimum content standards
for use in purchasing awards and
plaques containing recovered materials.

TABLE H-4.—RECOMMENDED RECOV-
  ERED MATERIALS  CONTENT  LEVELS
  FOR AWARDS  AND  PLAQUES CON-
  TAINING RECOVERED MATERIALS .
Material
Glass 	
Wood 	
Paper 	
Plastic and Plastic/
Wood Composite 	
Post-
con-
sumer
content
(%)
75-100

40-100
50-100
Total re-
covered
mate-
rials
content
(%)
100
100
40-100
95-100
                             Note: EPA's recommendations do not
                           preclude a procuring agency from purchasing
                           awards or plaques made from other materials.
                           They simply require that procuring agencies,
                           when purchasing awards or plaques made
                           from paper, wood, glass, or plastics/plastic
                           composites, purchase them made with
                           recovered materials when these items meet
                           applicable specifications and performance
                           requirements.

                             Specifications: EPA is not aware of
                           specifications or standards for awards or
                           plaques containing recovered materials
                           and requests comments on whether any
                           applicable specifications or standards
                           have been developed.

                           Section H-5. Mats

                             Preference Program: EPA
                           recommends that, based on the
                           recovered materials content levels
                           shown in Table H-5, procuring agencies
                           establish minimum content standards
                           for use in purchasing mats containing
                           recovered materials.

                           TABLE H-5.—RECOMMENDED RECOV-
                             ERED  MATERIALS  CONTENT LEVELS
                             FOR MATS
Material
Rubber 	
Plastic 	
Rubber/Plastic Composite
Post-
con-
sumer
content
(%)
75-100
10-100
100
Total re-
covered
mate-
rials
content
(%)
85-100
100
100

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                   Federal Register/Vol.  63,  No.  165/Wednesday, August  26,  1998/Notices
                                                                     45589
  Note: EPA's recommendations do not
 preclude a procuring agency from purchasing
 mats made from other materials. They simply
 require that procuring agencies, when
 purchasing mats made from rubber and/or
 plastic, purchase them made with recovered
 materials when these items meet applicable
 specifications and performance requirements.

  Specifications: EPA is not aware of
 specifications or standards for mats
 containing recovered materials and
 requests comments on whether any
 applicable specifications or standards
 have been developed. EPA is aware of
 one ASTM specification for wrestling
 mats, but does not believe that this type
 of mat is purchased in appreciable
 quantities by procuring agencies.
 Section H-6. Manual-Grade Strapping
 Containing Recovered Steel and Plastic

  Preference Program: EPA
 recommends that, based on the
 recovered materials content levels
 shown in Table H-6a, procuring
 agencies establish minimum content
 standards for use in purchasing manual-
 grade strapping containing recovered
 materials.

 TABLE   H-6A.—RECOMMENDED   RE-
   COVERED MATERIALS CONTENT LEV-
   ELS  FOR  MANUAL-GRADE   POLY-
   ESTER, POLYPROPYLENE, AND STEEL
   STRAPPING
Product
Polyester
strapping.
Polv-
propyl-
ene
strapping.
Steel strap-
ping.
Material
PET
PP
Steel

Post-
con-
sumer
content
(%)
50-85

10-15

Total re-
covered
mate-
rials
content
(%)
50-85
10-40
25-100

   Note: EPA's recommendations do not
 preclude a procuring agency from purchasing
 another type of strapping, such as nylon.
 They simply require that procuring agencies,
 when purchasing polyester, polypropylene,
 or steel manual-grade strapping, purchase
 these items made with recovered materials
 when these items meet applicable
 specifications and performance requirements.

   Specifications: EPA is not aware of
 specifications unique to strapping
 containing recovered materials. EPA
 notes that strapping containing
 recovered materials can meet the ASTM
 strapping specifications and selection
 guide listed in Table H-6b.
                  Table H-6b.—RECOMMENDED ASTM SPECIFICATIONS AND GUIDE FOR STRAPPING
ASTM specifica-
tion/guide No.
ASTM D 3953 ...
ASTM D 3950 ...
ASTM D 4675 ...
Title
Standard Specification for Strapping, Flat Steel and Seals.
Standard Specification for Strapping, Nonmetallic (and Joining Methods).
Standard Guide for Selection and Use of Flat Strapping Materials.
Section H-7. Signage

  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table H-7, procuring agencies
establish minimum content standards
for use in purchasing plastic signs for
non-road applications (e.g., building
signs, trail signs) and aluminum signs
for roadway or non-road applications
containing recovered materials. EPA
also recommends that, based on the
recovered materials content levels
shown in Table H-7, procuring agencies
establish minimum content standards
for use in purchasing sign supports and
posts containing recovered plastic or
steel.
TABLE H-7.—RECOMMENDED RECOV-
  ERED MATERIALS  CONTENT  LEVELS
  FOR SIGNS CONTAINING RECOVERED
  PLASTIC  OR ALUMINUM  AND  SIGN
  POSTS/SUPPORTS  CONTAINING  RE-
  COVERED PLASTIC OR STEEL

Item/material

Plastic signs 	
Aluminum signs
Plastic sign posts/sup-
ports 	
Steel sign posts/sup-
ports 	

Post
sumer
content
80-100
25

80-100

25-100

Total re-
covered
mate-
rials
content
80-100
25

80-100

25-100

                                        Notes: Plastic signs and sign posts are
                                      recommended for nonroad applications only
                                      such as, but not limited to, trailway signs in
                                      parks and directional/informational signs in
                                      buildings.
  EPA's recommendations do not
preclude a procuring agency from
purchasing signs or sign posts made
from other materials. They simply
require that procuring agencies, when
purchasing signs made from plastic or
aluminum or sign posts made from
plastic or steel, purchase them made
with recovered materials when these
items meet applicable specifications and
performance requirements.
  Specifications: EPA is not aware of
specifications for non-road signs
containing recovered materials.
Standard specifications for road sign
size, lettering, color, strength, and
performance requirements can be found
in the "Manual on Uniform Traffic
Control Devices,"  which is published by
the Federal Highway Administration.
[FR Doc. 98-22794 Filed 8-25-98; 8:45 am]
BILLING CODE 6560-50-P

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AEPA
    United States
    Environmental Protection Agency
    (5305W)
    Washington, DC 20460

    Official Business
    Penalty for Private Use
    $300

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               United States                    Office of Water
               Environmental Protection Agency     4304
                    EPA-822-F-98-004
                    July 1998
              FACTSHEET
              Draft Revisions to the Methodology for Deriving
              Ambient Water Quality Criteria for the
              Protection of Human Health
Abstract
The U.S. Environmental Protection Agency is proposing to revise the methodology used to
develop human health water quality criteria published in accordance with the Clean Water
Act. These revisions, once finalized, will replace the existing 1980 National guidelines and
methodology. These revisions are being made at this time to incorporate the many
significant scientific advances that have occurred during the past 18 years in such key
areas as cancer and noncancer risk assessments, exposure assessments, and
bioaccumulation in fish.
Human Health Water Quality Criteria

Human health water quality criteria are numeric
values limiting chemical concentrations in
ambient waters. The criteria are developed under
Section 304(a) of the Clean Water Act of 1972
(CWA) and are based solely on data and
scientific judgments on the relationship between
pollutant concentrations and environmental and
human health effects. Protective assumptions are
made regarding the exposure intakes that humans
may experience. These criteria do not reflect
consideration of economic impacts or the
technological feasibility of meeting the chemical
concentrations in ambient water. The criteria are
used by states and regions to establish water
quality standards and ultimately provide a basis
for controlling discharges or releases of
pollutants.

EPA Methodology for Deriving Criteria

States and authorized Indian tribes must develop
water quality standards that include designated
uses and water quality criteria necessary to
support those uses. The Methodology is the
guidance for states and tribes to help them
establish water quality criteria and standards to
protect human health. It provides the detailed
means for developing the water quality criteria,
including systematic procedures for evaluating
cancer risk, noncancer health effects, human
exposure, and bioaccumulation potential in fish.
EPA Methodology Revisions

EPA periodically revises water quality criteria to
ensure that they accurately reflect the latest
scientific knowledge on the kind and extent of all
identifiable effects on health and welfare which
may be expected from the presence of pollutants
in any body of water, including ground water.
Since 1980, many significant scientific advances
have occurred which necessitate the revisions.
Specifically, advances in such key areas as
cancer and noncancer risk assessments, exposure
assessments, and bioaccumulation make the
revisions critical at this time. Therefore, EPA is
updating its Ambient Water Quality Criteria
(AWQC) Methodology to provide states and
tribes with the most current procedures to reflect
these changes in risk and exposure assessment.
States and tribes will need to modify their water
quality criteria to be consistent with current
Agency practices.

General Background of the Revision Process

To begin developing a "state-of-the-science"
approach revising the 1980 AWQC National
Guidelines, EPA (along with other federal
agencies, state health organizations, Canadian
health agencies, academies, environmental and
industry groups, and consulting organizations)
prepared an issues paper that described the 1980
methodology, discussed areas that needed
strengthening, and recommended revisions. The
paper was distributed for review and comment

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and was examined at a 1992 workshop, where
more than 100 participants discussed critical
issues. Based on individual expertise, attendees
were assigned to specific technical workgroups.
The workgroups' topics included cancer risk,
noncancer risk, exposure, microbiology,
minimum data and bioaccumulation in fish.
After reviewing the draft of the recommended
revisions to the methodology developed by EPA
and the workshop participants, a summary
document was submitted for review and
comment by the EPA Science Advisory Board
(SAB). Once final comments and revisions had
been received from the board, the
recommendations were again reviewed at a
meeting of the Federal State Toxicology and Risk
Analysis Committee, where state representatives
presented their opinions on the preliminary draft
recommendations.

Major Methodology Revisions

The major revisions are in four assessment areas:
noncancer, cancer, exposure, and
bioaccumulation. Equations have been developed
for deriving AWQC, including parameters
relevant to these four assessment areas, which are
derived from scientific analysis, science policy
and risk management decisions.

For noncarcinogens, the process for deriving an
acceptable level of exposure—known as the
Reference Dose (ROD) value—has evolved over
time.

•   EPA has developed guidance  on assessing
    noncarcuiogenic effects of chemicals and for
    the RfD derivation.
»   The Methodology revisions recommend
    consideration of other issues related to the
    RfD process including: integrating
    reproductive/ developmental,
    immunotoxicity, and neurotoxicity data into
    the calculation.
»   EPA intends to allow the use of a range
    around the RfD point estimate to reflect the
    inherent imprecision of the RfD. EPA would
    select the midpoint of the range as a default
    when calculating a 304(a) criteria value for
    use in state, tribal, or regional water quality
    standards and require justification if a state
     or tribe proposes a different value within the
     range.

 •   EPA is recommending the use of
     quantitative dose-response modelling for the
     derivation of RfDs.

 For carcinogen (cancer) risk assessment, more
 sophisticated methods to comprehensively
 determine the likely mechanism that causes
 human carcinogenicity are being recommended.

 •   EPA is recommending a mode of action
     (MoA) approach to determine the most
     appropriate low-dose extrapolation for
     carcinogenic agents.

 •   The MoA approach follows EPA's 1996
     proposal of revised cancer guidelines and
     considers all biological information (rather
     than just tumor findings).

 Changes in the area of exposure assessment
 include the  following.

 •   States and tribes are encouraged to use local
     studies on fish consumption that better
     reflect local intake patterns and choices.

 •   EPA will recommend default fish
     consumption values for the general
     population, recreational fishers and
     subsistence fishers.

 •   A factor to account for other sources of
     exposure, such as food and air is included
     when deriving AWQC for noncarcinogens
     and nonlinear carcinogens (i.e., the dose is
     not allocated to drinking water and fish
     consumption alone).

The new National AWQC Guidelines place
greater emphasis on the use of bioaccumulation
factors (BAFs) compared to the 1980 Guidelines
for estimating potential human exposure to
contaminants via the consumption of
contaminated fish and shellfish.

•  BAFs reflect the accumulation of chemicals
    by aquatic organisms from all surrounding
    media (water, food, sediment). Compared to
    Bioconcentration Factors (BCFs), which
    reflect chemical accumulation by aquatic
    organisms from water only, BAFs are
    considered to be better predictors of
    chemical accumulation by fish and shellfish
    for chemicals where exposure from food and

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sediment is important (e.g., highly persistent,
hydrophobic chemicals).

•    EPA gives preference to the use of high
     quality field data over laboratory or model-
     derived estimates for deriving BAFs, since
     field data best reflect factors which can
     affect the extent of bioaccumlation (e.g.,
     chemical metabolism, food web structure).

Methodology Revisions Implementation by
EPA/States

EPA's future role in developing AWQC for the
protection of human health will include:

•    The refinement of the revised methodology
     based on public comments received,

•    The development of revised criteria for
     chemicals of high priority and national
     importance (including, but not limited to
     chemicals that bioaccumulate, such as
     PCBs, dioxin, and mercury), and

•    The development or revision of AWQC for
     some additional priority chemicals.

EPA does not plan to completely revise all of the
criteria developed in 1980 or those updated as
part of the 1992 National Toxics Rule (NTR).
Partial updates of all-criteria may be.plausible.
EPA encourages states, tribes and EPA Regional
Offices to use the revised methodology to
develop or revise AWQC to appropriately reflect
local conditions. EPA believes that AWQC
inherently require several risk management
decisions that are, in many cases, better made at
the state and regional level (e.g., fish
consumption rates, target risk levels). EPA will
continue to develop and update necessary
toxicology and exposure data needed in the
derivation of AWQC that may not be practical
for the states and regions to obtain.

Affect on State and EPA Regional Offices

The revised methodology will provide more
flexibility for decision-making at the state, tribal
and EPA regional level. EPA believes the
AWQC inherently require several risk
management decisions that are, in many cases,
better made at the state, tribal and regional level.
It is most likely that the methodology will result
in more stringent criteria for bioaccumulatives
(due to the use of BAFs instead of BCFs) and
generally similar, or less stringent, values of
nonbioaccumulatives.

Affect on Existing Criteria

Existing criteria will continue to be used in the
following ways:

•   As guidance to states, tribes and regions for
     use in establishing water quality standards;

•   As the basis for EPA promulgation of water
     quality standards; and

•   In establishing water quality-based permit
     limits for industrial effluent discharges (i.e.,
     NPDES limits), where the criteria have been
     adopted by a state, tribe or region or
     promulgated by EPA.

Until such time as EPA re-evaluates a chemical,.
subjects the criteria to appropriate peer review,
and subsequently publishes a revised chemical-
specific 304(a) criteria, the existing criteria
remain in effect.

Information

For additional information concerning these
recommended methodology revisions, contact
Denis Borum, Health and Ecological Criteria
Division (4304), 401 M Street, S.W.,
Washington, D.C., 20460 (telephone: 202- 260-
8996).

You may view the Federal Register notice that
describes these recommended methodology
revisions on the Internet at:
http://www.epa.gov/OST/. The notice gives
complete information on how to obtain additional
information, how to review the complete
administrative record for these recommended
methodology revisions, and how to solicit public
comment.

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